The Sun. — London, England, 1809-11-23 00:00:00

1,211 L REPORT. COURT or KING's BENCH, Nov. :2. ELOPEMENT TIDE KING V. SHILLDON. ' Mr. GARROW stated, that the Defendant in this,' l ease, against whom a Writ of Habeas Corpus had been dirttled, charging him to bring into Court tile body of Elizabeth iVkirhouse, had complied with the order of the Couit, .and that both he and the young woman were in ,attendance, that she might be given t-o the custody of her lather, who was al-o in Court. He presumed, Itowever, that it would not be necessary to trouble their LOrdships fartlicr on the iubjec:t, and that his Learned Friend Mr. Topping Ivould now be satisfied. Mr. TOPPING said, he believed it would be better that the business should be completed in Court. Mr GARROW suggested this merely'. from delicacy 'to t h : feelings of the_parties. L ELLENBOROUGt 5:11d, as the Writ was re turnable hire, it was better that the young woman should be delivered over to the custody other father in Co / urt. At affidavit by the Defendant was then read by the proper officer, stating that Elizabeth Muithouse had come to res:de with the Defendant of tier own free will and consent ; that he.bad never exercised any constraint over her since she had so come to re side with him ; and that he had never used any means to preterit her returning to the protealon of her father if she had beon so inclined. He at, the same time bowed with submission to the process of the Court. The D: fendant was then called into Court, and appeared, bringing with him the obje6t sought to be recovered, .a very handsome young girl, genteelly dressed, and corresponding in Appearance to the age of 15 or 16, as her father in his affidavit had stated her to be. • The father when called on to receive his doughty, came forward, and with feelings to every appearance highly agonized, held out his band to his deluded child, who fell into his arms, and was supported by •him out of the Court. Lard ELLENBOROUGH desired that .no..molesia tibn should be given to father or daughter in going home. The Court was bound to watch, and would watch over the execution of their own - writs, to the extent of seeing that complete effect was givetito them. THE KING V. WHEELER AND OTHERS. The ATTORIVY-GENERAL said—". I am to pray the Judgment of the Court upou these Defendants., Your. Lordship had before the .Court lately, for judgment, a woman convicted of seducing a person out of the military service of his Majesty, at Liver pool. This is a prosecution for a- riot to- prevent persons. from being impressed into the .nnval service, in the same place ; and I am exceedingly sorry to . -say, that these pra6tices are ; carded on to such an extent in Liverpool, that unless checked, it will be impossible to. conduti either the land or sea ser vice, +here ; therefore, however inclined the Crown. may be to mercy, to my certain knowledge, it is im possible to show rterey to such offenders as these without endaegering the.whole.community. The Defendants.werethen all called in, and appear ed they' were nine. in norntier—*-John Wheeler, Wm. Darliegton; James Fazakerly, Henry Drain, Samuel Hayton, Edmund Ildashaw, Richard. Ash- 7 ThernasNalance,. and William Harvey. It appeared by the affidavits for, the proseculion ; that, on the 2nth of November - last, a person of the name of John Crossly I.adbeen duly impressed into his Majesty's sea seav;ce by Lieut. Thomas Evans, assisted by others,. and taken, to a-rendezvous-house, called the Prince of Wales, in Liverp.ool. That about 200. persons assumbled as a . mob, of which the nine Defendants were a part, •and active thts riot which ensued they had axes, hammers, clubs, bludgeons, and other .offensive weapons. They de manded.that John Crossly should be delivered up to them, that he might be taken to be examined, for that he was not a proper subjeet ,of the impress service; they theatended, that it he was not deli vered up they would kill those who irnmssed hitn, and bern.the rendezvous-house ; _upon which the officer, to spare bloodshed, gave him up,_but - instead of his being taken and exatninc.d, he went to sea in a-merchant vessel. . A great number of affidavits were then read in behalf of the defendants, the general outline of whiCh was, that .the defendants were rope-makers ; that their weekly wages were moatly 'IL 4s. per . week, one being and the lowest only 188.; that they -were all married, and had children de pendent upon them for support ; that they felt sor row and contrition for this their error ; were be trayed into it by a misguided zeal, but promised most solemnly to eqnal, in future, the best of the King's subjects, in obedience to the laws, as they telt an unfeigned attachment to a beloved Monarch ; that they had expressed these sentiments in a memo rial, which was presented on their behalf, to the Lords Commissioners of - the Admiralty, in hopes of having their. Lordships , recommendation to mercy ; but they were disapp4itecl in -Their - hopes, for the tont ) , answer they received to. their memorial was— The law must take it course." They then im plored the mercy of •t he Court. Their employers and neighbours gave them excellent characters: The ATTORNEY-GENERAL spore . as, follows; " My Lords, 'it is very distressing to.me to ask the judgment of the Court, and that not a light one, against persons who, have the description given of them which these men -Wave given ,ot themselves; but, my 'Lords, in what condition must Liverpool be, if persons, entitled to the charaeter which these defendants have .received frOm t those.who made affi davits in their favourare ready to juin in a riot of this descriptjon, in which they could have no other object themselves than to rescue,, front the legal claims which their country hai.upon the ser.vicea of those who have embraced a seafaring lite,..tueir of tliAt description; and to take them forcibly away, againSt, and in defiance the authority of the law. I am sorry to inform your Lordships, and it - will not be cOntradiEted, it. is not . in rope-makers merely that this opposition to the impress service etends, but there are other .classes of men in Li verpool who are bent on - resisting that se4vice,, and t heir'resistance is alarming; so alarnjing, t14,34..1. have, ~i T : ~"ti-'- £4 ; r4 DON : Printed by„ Rlf _ - AS tUe Sus-OFF MERM Etc , )IND . AfERALIIDS. -within these twelve hours ; been obliged to file in- l ' jestrs sea-service, and, therefore, no dotibt can be formations against persons concerned in offences of ' i entertained that he was legally in the custody of the this kind, that is, for joining in scenes like those i Officers of the Navy, by whom he was' impressed, for which 'the defendants, now standing,before your ' and no doubt can be entertained that the Crown had Lordships, stand for judgment, that is, for rescuing • a right to : his services. Nor is there any reason - to those who have been legally impressed. This is a complain - of Ibis praaice of impressing, for the law very - alarming case. It is not the case - of a few in- ; 'provided a remedy to every person aggrieved in these dividuals, who are misled upon . a - partial occasion ; eases, which remedy this Court is every day in the buf it -is the case of a 'multitude of men rising in a letbit of: applying to those who are entitled to it i body, threatening, not only to murder the officer ' that is; to those who are impressed into the sea-ser by whose authority the nem was impressed, but also - vice, but who are entitled to exemption from that 'to, burn the rendezvous-house,- if 'the person Mr- service. Whenever any case of that kind appears, pressed was not delivered up to them. These mat- . the Court instantly relieves the party through the 'era considered, your Lordships will - see it is abw- tireans of the prerogative writ of the Hateas Corpus; lowly necessary, if this species of service (I mean butthere was a person not entitled to exemption— 'the naval service) is to be aupported, thatohoSe who , a person who bad been duly impressed, and you, are guilty Of , offences of this kind should not be vi- ; conscious that you could not by legal means extri sited by a light punishment. ; 1 cate him from that situation, of which he was per ' "My Lords—lt was but a very little while ago, ! haps desirous, not that he wanted 'to quit the sea when your Lordships felt* yom selves obliged to : service, but that he should only quit the King's set . .. pass a' severe sentence on a parsoe, a female, ; vice, because it appears by the affidavit that in vio who had committed, not indeed a similar, bet a 'allot) of your promise, on the officer delivering the lesser, -because not ao violent, an offence against !. man up to you, to bring him forward the next day the interest of the lied Act': ice : ;bat offence was to be judged of, whether he was a proper object also committed at Livetpool. That ,offence was iof the - impress service -or not, you suffered .that -of seducing a _soldier from his Majesty's ; -him to go to sea in a merchant vessel. It is, • sarvice, - t therefore clear that this person had no aver "My Lords—lf ,in such a place as Liverpool per.; I . .sion from the sea service, but only to serv sons are to be seduced by artifice 'from the land sering his King and country at sea. It appears vice, and rescued by force, teen the sea service, it most clearly, that in the prosecution of this your pure ' will be impossible to go on With either in the town, p o se', great violence was used ; that a•great number of Liverpool. I would not press this case, and_l ' of persons, 200 and upwards, of which you were hopel do not appear to preas it, more straitly than ' nine, assembled en that occasion, who went to the the rublic service requires it to be pressed against house of rendezvous, demanded that the person, the defendants who now stand for judgment before thus legally impre;sed, should be delivered up, and• your Lordship. It 'appears t,O vac to be absolutely that you threatened that if, he was not; the officer necessary that a serious punishment should be in- . who impressed him should be killed, and the house flitted on those offenders who now stand before you, of the rendezvous , demolished. It is fit that you my Lords, else it * will be impossible to proceed . should learn that it would have been murder in at all in either the military or 'naval service at you if any person had 'been killed by you ; but if Liverpool.; for the objeaion of the rioters there, . either of you, or your party, had been killed, on is not only to particular persons, as in this case, i that occasion, it' would not have been murder in rope-makers, btu to the whole of the impress ser- those who.opposectyou, because their` pursuit. was i i vice." ; lawful, and yours .was unlawful ; for you attempted . s Mr. CLARK addressed the - Court in m iti g ation of ' r to gain your purpose by violence, which the law punishment. He said / the Defendaets ought to do will not allow. The excuse offered for you in your' on this occasion what they-did to their Prosecutors, affidavit is, that of shewing that the former part ,of the Lords Cotninissioners of the. Admiralty, express your lives has been , good. That your characters A matrimonial faux . pas has recently taken place, their deep and unfeigned sorrow for their migcon. h e retofore have been good ; and that punishment which will, probably, in the course of next term oc dn6t on this occasion. Having been guilty of the may not fall heavily nn you;it is stated-by your affi- cupy she attention of sotne of the .Gent iemen -of the error for which they were now called on to answer, d av it s , that you' subsist by your labour , that yon.are. long robe in Westmin s t er Hall. The p articulars aria their chief anxiety was tlireded to the point'Of law: married men , and that you have families. All oft as follow :—Something more than twelve monthg . they 'could best atone for the offence which they you. have arrived at a time-of Wein which you since the Hon. Mr. married the beautiful but had committed. They did not attempt to offer, ought to knoW,arour duty; and as to - your families, l portionless daughter of a very respeCtable tradesmao• they did not look for, any thing like a justification their condition ought to operate up or ey our minds - as . —U R I - 0 the time of the late unfortunate discovery of their conca& on this oceasion. With these cot- pledges given to society by you for your good beha- l taking place, the Lady appeared to be the fondesrof real feelings onaheir part, it would. be dangerous in viour,' instead of furnishing an excuse for your not wives, and the Gentleman was one.ethe happiest -him, as their advocate, to look any where for mat- being punished for your thiscondua, after you have jof husbands. The Lady, however,' having receort= ter partaking of the nature of a justification, in a forfeited your charaders. We do not live in times ly disagreed with her favourite -*male attendant, case wherein their Lordships had before.them an valien this Court'sh(asid pass over offences of this sort Idischarged her e the girl, enraged at her disthissal, 'offence which was so hostile to the peace andao`the l with a slight punishmenewhetr the spirit-of insubor- resolved to be revenged, and watching an opportu safety of the land. His clients never contested, on dination is abroad. When everything wrong is at- nitro( meeting her master in the-street, she stopped the contrary they felt the force, and acknowledged 1 tempted to be inforced by violence - and riot, tine Court hiM, and requesting a few moments conversationa the Wisdom of that principle of the law which pro- j would 'desert its duty if it inflicted' *Hence milder t h e y turned into vretired street, when she,, with than vided that not only what was wrong should not be the occasion, calls for, o n pe v ans. gu ilty of this niaoy well- , feigned tears of regret, foe-having so long enforced, but what was right should not be protect- description of ,outrage. . The . sitnatioteof- many of concealed it, informed him that her Lady: was tee' ed by violence; riot, or disorder. He hoped there fyou in the present case would 'induce us not to inflitit ;faithful to his bed ;' the astonished husband had sdf; was much mere of good than of evil in those men punishrnentbn you with a heavy hand; . but - the ficient prudence -to pretend to disbelievethe ai rj a . Who now stood for the judgment of the Court. temper of the times is such as wild make it cut- 1 statement; and dismissed heft' with aSevere rei;rinl . Their error had been folioped by immediate sorrow - paste ;.n the .C ourt to pass over such an offence as IHe determined, however, to watch :he conduit o f fits and contrition. They were e'en of good character, this - slightly : for the public must learn , Of their . fair, and 'lle began to tear, frail , spousia ; • ii, z e c ord, and had a6led only Aorta a misguided notion of the own - good sense 11 as not already informed them ' kroaly,- after consulting with a friend, informed his dangerous' tendfssicy ofswhich they were. now con- 'of it) . that a• Court of Criminal Jdriscliction most ' : Lady that he should be obliged to go out of tows , on vinced ;as they themselves expressed in theiraffi- n ot treat such "silbjects lightly, - add' that however business Idyllic!) would detain him a week, Iv ilen ile s° ,. davits, of the sincerity of .which - the, Cour t wo u l d . turbulent persons; like - yottle may succeed for 'a 'e'Ab'est were. liar . intreatics that he s old pertoil . aive them credit, as well as the i dete rminatiou which while, in their attempts to kuiflipel whatwrong is, to accompany him, that he was almost induced to to'. ° they swore they had formed to eonde6t themselves to be effe6ted by violence---br even to compel , form her of the suspicions . her late servant• .had in : quietly, and with feelings of due affec tion to t h eir , what they m a y think to be rightethe'arm of thedaw fuSeal into his mind ;he however persei. e red; in , 1115 ,, b e loved Sovereign in future. As tO their tharatters, r- w ill b e t o ng etioegh - to reach thenfe and however plate, and bidding her adieu, retired to the • house Ot it appeared that those who had - known them fora punishment' m ay be delayed, at last they will,be sure , a friend in the neighbourhood. ' The first' day tile, great number of years, testified for them in the - to be -punished.. In your -case the - Court cattnot ex- lady 'kept close ita the house ; but on the evening or Most. favourable manner ; by which it appeared • 'tend to you the mercy x' hich: you 'seek ; nor can the ' the'seeond day he' was inforMed by his spy i that that, they bad Ali lathilies dependent on them for Canirtandulge at" its pleastite; in the qaality of- 7 ttiAt - she had been 'traced to a well known house in support, and that they were men subsisting by dili- virtue.-----MsrcY must flow from thoa Crown only.. aa- Chandos-street ; the husband immediately follow . .gence eta! labour. Her e. we ' nest distribute- justice as applicable - to-the - ed, ' and, accoMpanied by . a friend, entered' thie . .He did not pretend to the authentic source of in- offenee tor which punishment is in • flidted without • .• t` he' . !loose, and insisted on. being •-shewn to the roonl telligence which the superior station of h is Majea - considsratioo of any personal feelings , .:' The sentence tee which the Lady and' Gentleman who had . en ty's Attorney-General enabled hi r e to p rocure, but of the Court e therefore; upon you -is; and this . Court, . tered• just before him had . retired ;. be Wes ac!' he was - credibly informed, that' the general dispo- doth order and adjudge—That you be severally ini- , cordingly concluded to an up-stairs . rooni, the ,doo i r sition CO resist all the efforts of those who were en- prisoned in the Castle of Lancaster for brie year, and of which being fastened, he set his foot' against it t' in the impress service at Liverpool was not to be then discharged.: - s burst it open, When he discovered his Wife and net to be found in these Defendants, nor in any persOns THE ,KING v. STENEY. paramonr in such a situation as left him no roorn with whom *they associated; or-we're connected, but F o r' obstrnd i Ilk a" 'Custom-House , Officer, in 'the • doubt of her sniscondua. Without entering into an}' that it was a disposition which had b e en manifested eitecution of . his dut y ; g oin g : on board, the Defend- expostulation With the parties, he handed his ixt p only by American seamen. The whole of the cir- ant's ship; ataßeec hle y , , in , P lOucestersh i re, to search down-stairs, and into a , hackney coach, which he &se cutustances of this case were before the Court, and for his clearance to BristOl, whither he was about to !reaedto drive to her father's. On hisarrival the.re, h . they-would dispose of it no doubt rightly, by admi- s ail ; - and alio to see that he had nothing con'ffa- -related the scene which had just passed, and observe . d s . . nistering justice in mercy. band on board, was brought up to 'receive the j'Udg- he was' come to return - his daughter to those hand . Mr. Justice LB BLANC pronounced the judgment tricot of the Cana, which, afier a lull he , . aring•of all from which he had received her. The lady still re to mains with her afflicted parents, and the gentlenis il of the Court on the Defendants :—" You nine pea- the circaniataeCes of the case,. was, tht he - doay . is pursuing steps to obtain legal redress. sons, who now stand upon the floor, are to receive the King a fine of 101. and he then d i scharged the judgment of this Court, after having - suffered . . judgment to pass by default, upon an indiament, charging you with the offence of a riot and very out rageous condua, for the purpose of claiming, very il legally, very improperly, John Crossley, a person duly impressed by Lieutenant Davis into his Majes ty's naval service, for the purpose of forcibly taking him Out of the service into which he was legally taken : on which occasion you,, with a great nuni- , ber of other persons, stated to be 200 more, made a great riot in the town of Liverpool, for the purpose, before specified. That in consequence of such your proceedings, the Officers of the Navy, who had that person so impressed under their care, in order to . prevent bloodshed, which might otherwise have en sued, gave up the person ; that is, you, by your vio lerke; compelled them to deliver up that, person so in their custody ; that is the offence of which you stand conviaed by your own -confession, as appears by your suffering judgment to .pass defatilt. Thst Crossley was in legalcusto dy, -there can b©" no doubt, on all the affidavits in 'the case ; as' little doubt is there that. you, by your violence, deprived his Majesty and the country, 'of the services of that individual, whoin you rescued i out of such legal custody.` I s have stated him to he, a person in legal 'custody, - because no doubt can rest on the mind of any man, that those who are brought up originally, - or who have tor a consider able time accustomed themselves to a seafaring life, are persons to whose services the State looks to the hour of necessity. This person had been at sea, had given up his pursuits on. shore, and betaken to a s eafaring life, had been duly impressed into his Ma- To the late well authenticatectietountt of the ex - - • istence and appearance of Mermaids, given by Miss Mackay, of ileay, and the Thurso Schoolmaster, in letters, which, after their appearance in this paper, particularly excited 'the attention of the Glasgow Phi losophical Society, may be added the following an= cient authorities, touching the newt existence of those extraordinary creatures : " Alexander ab Alexandro affirms, that he hat known a Merman steal a woman ; be adds " causa concubitus." Ferdinand Alvares, Secretary to the store-house of the Indians, says, 'he saw a young Merman come . out of the water, and steal fish, lett to dry on shore 'by the fishermen. " In .the year 1 1 87, a Merman was fished up oti the coast of Suffolk, and kept for six *months by th GoYet l nor : this is related in many of our early Eng; , lish Chronicles, tho writers of which' add, that it bore so near . a cdnformity with Man, that nothiut Seemed wanting 'to it besides speech, It took ad opportunity of making its escape, and, plungtngin— to the sea, was never more heard of. . "In 1560, near the, island, of Manar, on the western coast of the island of Ceylon, some fishermen brought up at one draught of _the net, seven Mermen and 'MaidS, of whirls sevetai Jesuits (and among the rest, F. Hen. Henriquei, and Darner Bosquer, physician to the Viceroy 0 ( Goa) were witnesses. The physician, ve ho examin ed them. with much care, and made many disttc tions from them, asserts, that. ,all their parts, both . internal and external, were found perfeNly conior citable to those of men.—(See Hist. de la Cam pagnie de Jesus,' torn. iv: No. 276, where the rely lion is given at length.) " We have another account, well attested, of a Merman seen near the Diamond Rock, on the coast., of Martinico ; the persons who viewed it, gave in precise description of it before a notary. " A creature of the same species was caught in the Baltic in th e year 1531, and sent es a present to Sigistnund, King of Poland, with whom it lived• three 4ys, and was seen by all the Court." SHIP NEWS. NOVEMBER •17. ARJEAUNT AND ANOTHER, RM. -U. WrIITE. GRAVESEND, NOVEIVItER zr. tCrs Sailed—the Hetior, Dowe, for .Tobago ; Juno, Fi Sir Andrew. Hammond, Barr, Knapton, Child, and I. i' l ' loch Castle, for Jamaica ; Caroline, Hayes a nd Ai - Westtnoriand, for St. Christopher's ; Jane, 'Rand, tl Madeira; and the* May Flowcr, Burnett, tor Madeira Rio Janeiro. This was an: atiion brought by the Plaintiffs, who are the farMers of the duties arising on post-hOrses within the County of Middlesex; against the De- fendant, a post-master, for not accounting for the full amount of the duty on an hiring by the day to go to Rumford and back, be haVing accounted for the duty on a day hiring only; and not the duty on the ascertained distance, which was twenty-four Miles going and returning. To this action the De fendant demurred, thereby contending that, in poir t of law, post-masters were not bound to pay the duty' for the number of miles on an hiring by the day, although the distance Mentioned. This point was argued on Friday last, by Mr. RIbIiARDSON, the Counsellorthe Defendant. The cOuRT, after` hearing him, without-consider ing it necessary' for the Plaintiff's Counsel to argue, gave judgment for the Plaintiff; thereby establishing the law that every post-master must . pay the duty on the number of Miles. Counsel for Plaintiffs—The Attorney:General, Mr. Raine, Mr. Abbott, and Mr.-COnSt. Attorney to the .Post-HOrse Duty Office—Mr Pinero. • 818 711.5 On the loth inst. at Haticyford, d- Lady Clayton, of a so 11' born child. • MARKIAO. 0 01. On Friday, at Edinburgh, Captain Mexan.der. Robe rt' . t ., of the ship surat 'Castle, in the service of the Hun. India Company, to•lane, eldest daughter of Mexander La j ' i Esq. Ari;hitett in Edinburgh. _ t-t• On Saturday Itst, at St. Helen's, BiAhopsgate-street t , o B. Hall, Esq . of Crosby-square, to Miss N . Isdercc:, vonshire-street, Portland-place. , . t , . Offil). th On the gth of 0 Bober , at a village near Elvas, in the 5° U e l of Portugal, Mrs. Haw,icer, wife of, Lieutenant-0 019; : `- Hawker, of the i4th Dragoons. On , Sunday the t Ith ult. at his house - at Bath, Pbeticj Mondc, Esq., late of the Royal Crescent in that City, a g 74- ~ .. I) b i , lsl4 On Tuesday Inorninr, in ,the Sherifi'i, Prison. u F. te after a short but most severe illness, I,oliiird Cutting' - late Y coiroury Major of Brigade, in the Cdunty of mayo. _,.---, _ _- PRIt Uh' YEST.IO !sap .< ;3tocic, 2 74 - i 2 7 2 ,i Nory l c per Cent. ioi per tent. 4 per Cent. 83 -7,- • 3 per Cent. Rea; t)8 3 Per-::enc. Co.os 691 Bank L. Alp. 18 9-,6 g• 9-16 .ITOCKS • DAY. India Stock,, '95 India 80nd . ..:, 265. pr. Sontil Sea Sl. , ;ck, 75 ,r,, Excheq. Bills, 9s: r4s. 3- . per Cent. Ditto Ann. Cons. to: Atliinst.. '69 'An otter was on Wednesday se'nnight killed a:, Rockliff, of the following extraordinary dimensions t. iu length four feet, and in girth round the body 23 inches. It was shot in the water, Whither it_ had been chased by the_dogs. CHARD HARRIS, of No. 4, Nlartlett-co . urt, Bow-street; and 'mg, No. 112, Strand where.: Advertisements; Orders Published by WI LLI AM ARMIGEIt SCRIPPS, Soittli Molton.stieet, G 'opvenc Atquare. {or the Paper. Letters for the Editor, &c. (post-paiti); must bq addressed. X•